A legal separation is a written agreement that is filed with the court which addresses the rights and responsibilities of a married couple while they are living apart. Issues that can be addressed in a separation agreement include division of assets and debts, child custody and support, visitation schedules, alimony, etc. In many ways, getting a legal separation is much like getting a divorce. So why would someone go through the separation process instead of getting a divorce? Some of the advantages of legally separating include: • Being able to retain your marital status for religious reasons. • Allowing a couple some times to live apart and see if divorce is actually what they want. As compared to an informal trial separation, a separation agreement establishes how everything will be handled while the couple is apart. • Being able to continue insurance benefits on your spouse’s coverage. If you are considering getting a separation to retain coverage, be sure to check the policy to see if it addresses what happens if a couple legally separates. • Retaining certain military benefits. • Continuing to remain married in order to meet the ten year requirement to qualify for certain social security benefits of a spouse. • Protecting your financial interests while apart, as assets and debts acquired during a legally recognized separation may be considered separate property. This can be important in states that require a period of separation before a divorce is granted. • Possible tax benefits by continuing to file taxes jointly. • If the couple does decide that getting a divorce is the best decision, the separation agreement can be converted to a divorce agreement. While a legal separation can protect you before getting a divorce, it can also set precedence for the actual divorce. If your divorce case were to go to court, a judge would assume that if you were fine with the arrangements of the separation agreement, then there is no basis to make any big changes with the divorce. Therefore, you should treat the separation agreement the same way you would a divorce, and don’t agree to anything that you can’t live with. This is why it is so important to have your lawyer look over the agreement and discuss the implications of it with you. Divorce has a heaviness to it that can be intimidating to some people who are unhappy with the condition of their marriage. To completely and permanently end a marriage (and any benefits the marriage may afford) causes many couples to hesitate, even if they no longer want to be together. If you are finding yourself in this situation, you should know that there is a “comfortable in-between” called legal separation. In Utah, legal separation is a legal action that enacts certain elements of a divorce, but does not end the marriage. This can be a benefit for couples who rely on some of the benefits of being legally married. Some people enjoy tax cuts for being married, others rely on their spouse for health insurance, and others may need to be married to stay in the country. A divorce would have removed all of that and more, but a legal separation does not. Another benefit of legal separation is that it can give a couple room to decide. Sometimes couples just need space and time apart before they can work on the health of their marriage or decide to move forward with a full divorce. Just as legal separation looks like marriage in some ways, it also takes on aspects of a full divorce and should be approached just as you would with a divorce. In particular, you and your spouse not ex-spouse since you haven’t divorced, remember will need to make decisions and come to agreements on many important aspects of your day-to-day lives, just as if you were divorcing. To ensure that your interests are protected, both spouses should seek out legal representation by a divorce attorney. • Spousal support (alimony) It is within this process that legal separation can become complicated, as if it was a complete divorce. Legal separation involves many of the same technical and legal aspects as divorce – it is not a quick or easy solution, but one that may provide some couples with the best of both worlds (married and divorced). Before committing to legal separation, it’s best to know the advantages and disadvantages of the arrangement. Many married couples view legal separation as a step before divorce, a sort of mediating time that can help them decide whether divorce or reconciliation is the best decision for their relationship. Depending on your situation, filing for legal separation may not make sense, while for others; it’s a better option than divorce. Disadvantages of Legal SeparationBecause of the nature of legal separation, we’ll start with its disadvantages. The three main disadvantages of legal separation include: • Legal separations are just as complex as divorces • Legal separations cause just as much stress as divorces • Legal separations may be unnecessary for your relationship Though these are all related, each disadvantage touches on a specific aspect of your marriage and pending separation. Here’s how they work. • Legal separations are just as complex as divorces: A legal separation often requires just as much time, paperwork and legal counsel to complete as a divorce. Like divorces, legal separations involve division of property, including debts and assets. Couples who file for legal separation must go through the same process of division as those getting divorced. That means that for those couples who end up divorcing after the separation, they must go through the process twice. And those who reconcile end up feeling like they already endured the divorce process. Additionally, legal separations involve litigation and trial proceedings just as divorces do. If you and your spouse can’t agree on issues about child support, custody and division of assets, then you’ll be forced to finalize the issues in court. This can be just as taxing as divorce litigation. Consider this: because of the cost and time involved in a legal separation, couples can usually forgo the hassle by doing an informal separation, or if they feel reconciliation is not an option, moving straight to filing for divorce. • Legal separations cause just as much stress as divorces: A legal separation may seem like a good test to see if a couple should stay married or divorced, but in reality, it’s a test that many couples fail not because of the relationship itself, but because of the stress involved in the separation process. Because legal separation is just as complicated as divorce, the stress cause by the proceedings could be the final straw for a couple, placing an extra burden on an otherwise delicate relationship. If you’re viewing legal separation as a way to determine the outcome of your relationship, try using an informal separation instead. It’ll give you the same amount of space without the extra hassle of filing for separation. • Legal separations may be unnecessary for your relationship: Many couples who first ask about legal separation think that it’s a necessary part of figuring out the direction of their marriage. They may think that the formal structure of the separation is like that of a divorce, but without the final dissolution of marriage. Unfortunately, this is often not the case. By employing an informal separation, couples can achieve many of the same goals giving each other more space and deciding if being apart is ultimately the best decision without the cost and commitment of a legal separation. A legal separation may seem like the only way to decide the future of your marriage, but handling the separation informally, even if at first, can be a better way to quickly gauge the status of your marriage. Benefits of Legal SeparationEven with the disadvantages, there are still legitimate reasons to seek a legal separation. Couples who would like to avoid divorce because of personal, religious or cultural reasons can become legally separated and still adhere to their personal beliefs. Many couples also use separation as a way to skirt healthcare policies. In most cases, divorced spouses may stay on the other spouse’s healthcare plan for a certain amount of time, usually six months or less. But in the case of legal separation, this can be prolonged, depending on a number of factors. Because separation often involves the same amount of stress, cost and time as a divorce does, it’s not always a viable alternative to divorce. Couples who see reconciliation as a likely result of their separation can put an informal arrangement in place, while couples on the opposite end of the spectrum can look more closely at divorce. But for those couples who believe a legal separation is the next best step in their marriage, a family law attorney can help make the process and transition as smooth as possible. Having a legal separation agreement is financially beneficial step you can take if you are having marital problems and have decided to separate in a state that recognizes legal separation. Have an attorney draw up the legal separation agreement before both spouses sign it, and it should be smooth sailing from there, if you and your spouse easily come to terms. In states that don’t recognize legal separation, speak with a local family law attorney about your options, if all you want is a legal separation. In some states, it is possible to draw up a separation agreement signed by both spouses that would be legal and binding. In some states, the divorce process must begin before the court will recognize any agreement you and your spouse come to. The bottom line is, you want a legal separation agreement that will protect you during a separation in case your spouse fails to live up to their obligations as outlined in the agreement. You want an agreement that will hold up in court should you have to go to court to have it enforced. Along with the peace of mind, there are financial benefits of a legal separation agreement that will protect you as well. • Tax Advantage When Paying Spousal Support: If you are paying spousal support, those payments can be claimed as a deduction at tax time if the payments are part of the legal separation agreement. If you are merely separated with no legal agreement, any monies given to your spouse cannot be deducted at tax time. • You Retain Certain Marital Benefits: A legal separation agreement means retaining certain benefits you held during the marriage. Let’s say you are a spouse who is covered under your spouse’s health insurance plan. With a legal separation agreement, it can be written into the agreement that those benefits continue during the period of separation. There is also the benefit of being able to continue to file income taxes as married instead of single. And, if you’ve been married less than 10 years, you can legally separate but remain married until the 10-year requirement is met. This means being able to take advantage of drawing from your spouse’s social security at age 62. • Who Pays What Is Clearly Outlined: If you and your spouse own a home, who pays for what will be outlined in the legal separation agreement as well as who will live in the home. When maintaining a home there are issues such as mortgage payments, utilities, lawn care and maintenance that need to be considered. In a legal separation agreement who is responsible for what portion of the upkeep of the home is outlined. • Clearly Stated Boundaries About Joint Accounts: Most couples have joint checking, savings, and credit accounts. A legal separation agreement would define whether or not both spouses still have access to any joint accounts. It may stipulate that all joint bank accounts be closed and each spouse open accounts in their own names. It may also stipulate which spouses pay what monies on any joint credit accounts held by the couple. All issues pertaining to how money is spent and who is responsible for what is outlined so that both spouses will be protected. • Boundaries for Debt Incurred During the Separation: Most importantly, a legal separation agreement will protect you from being responsible for any debt your spouse acquires during the period of separation if you live in an equitable distribution state. If you live in a community property state, you don’t get this protection under a legal separation agreement. Legal separation has many benefits and advantages, including providing parameters for co-parenting, child support, and spousal support while maintaining the status of being married. Legal separation also leaves the door open for reconciling or resuming the marriage. Legal separation, which is a contractually defined and court-honored agreement between a couple that has chosen to live apart but opted to remain legally married, is also often pursued when the parties want to stay married for religious reasons, when they want the advantage of documentation of spousal support payments (for income tax reasons), when they want to maintain various insurance coverages, or when they do not want to wait for the state’s statutory period for termination of marital status. Separation Lawyer Free ConsultationWhen you need to get a legal separation or a divorce in Utah, please call Ascent Law LLC at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/what-are-the-benefits-of-getting-a-legal-separation/
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The purpose of the extensive preparation an experienced Layton Utah criminal defense lawyer makes for trial is to get as much helpful and credible evidence before the factfinder, the judge or jury, to help them reach a favorable outcome. Evidence refers to all the information presented at trial in an attempt to establish the facts of the case. Judges are in control of the decision of how much evidence can actually be presented at trial. They are guided by rules which have been developed to regulate the submission of evidence at trial. The largest consideration in whether a piece of evidence will be admitted is its relevance. All relevant evidence is admissible unless prohibited by the Constitution, statute, or judicial rule. Irrelevant evidence is not admissible. To be relevant a piece of evidence must be related to an issue at trial. An attorney hoping to submit a piece of evidence must show that the evidence speaks to one of the elements of the crime, or who was responsible for the crime. Another basic criteria necessary for admissibility is trustworthiness. The desire to admit only trustworthy evidence at trial limits testimony from individuals who may not be competent to testify, such as the mentally incompetent. It is also the basis for the best evidence rule. This rule requires the submission of original documents at trial rather than copies, which may more easily be altered. The rules of evidence divide evidence into different types and forms. There are two fundamental types of evidence—direct and indirect. Both are admissible and both may lead to conviction. Direct evidence is evidence that proves a fact without having to rely on any other evidence. Because direct evidence has the ability to demonstrate a fact on its own, the fact finder does not have to draw conclusions in order to reach a fact. The only question before the fact finder when direct evidence is presented is whether it is credible. Indirect evidence is also known as circumstantial evidence. Indirect evidence does not prove a fact directly. Instead, it requires a conclusion to be reached by the fact finder. The difference between these two types of evidence can be seen in the following example. To accept indirect evidence, the fact finder has to draw a conclusion; this is unnecessary with direct evidence. Direct and indirect evidence can come in three different forms. The first is testimonial evidence, which normally comes into a trial by way of a witness testifying orally under oath. Less often, testimonial evidence is presented in the form of a written deposition that was taken under oath prior to trial because the witness was unable to attend the trial. As a general rule, witnesses cannot give hearsay testimony as evidence. Hearsay is defined as secondhand evidence. Hearsay evidence is testimony repeated by an individual at least once removed from the source. In other words, when a witness testifies that a friend told her that the defendant told the friend something, this constitutes hearsay. The reason why hearsay evidence is normally frowned upon is that its trustworthiness cannot be challenged through the adversarial process of cross-examination. Furthermore, the individual who originally made the statement had not taken an oath to speak the truth. There are, however, a number of exceptions to the strict application of the hearsay rule. The most familiar exception is the acceptance of the dying declaration of an individual who names his or her killer. The rules concerning testimonial evidence generally forbid lay persons from presenting opinions as part of their testimony. Such witnesses are expected to keep their testimony strictly focused on the facts of the case. Due to this rule, witnesses are also prohibited from drawing legal conclusions in their testimony. Expert witnesses do not have this limitation placed on their testimony. Because of their specialized training, expert witnesses can give opinions that reach conclusions based on their awareness of the facts. Such opinions, which often deal with highly technical areas of medicine, engineering, forensics, psychology, and the like, serve to assist fact finders in sorting out the credibility of the facts presented at trial. Another form of evidence is tangible evidence. This is nontestimonial evidence that is presented in the form of physical exhibits. Tangible evidence is normally divided into two categories—real evidence and demonstrative evidence. Real evidence includes physical objects that played an actual role in the crime that was committed. In order for real evidence to be admitted at trial, an attorney must be able to demonstrate that it is authentic. The need to verify the authenticity of evidence at trial has led to the development of the chain of custody rule. The purpose of the chain of custody rule is to require an attorney to account for where a piece of evidence has been and who has handled it since it was originally gathered. This helps to ensure that the evidence is indeed what it is claimed to be and that it has not been subject to tampering. Only after the chain of custody has been demonstrated can a piece of evidence be introduced into the trial and to the fact finder. Demonstrative evidence, another type of tangible evidence, serves as a visual or audiovisual aid so the fact finder can better picture events involved in the crime or understand the testimony of a witness. A picture of the location where the body was located is an example of demonstrative evidence. Other examples of demonstrative evidence include diagrams of the crime scene, maps, charts, models, and x-rays. A third form of evidence is judicial notice. At trial it is unnecessary to prove widely established facts, such as dates and days on the calender, when they are generally known within the community. Instead of requiring proof, the judge will instruct the jurors to accept these matters as proven. ObjectionsThe rules of evidence that exclude certain types of evidence and questions require that an attorney pay close attention to the opposing attorney’s questions and strategies. Since most evidence comes out in the form of testimony, it is crucial for attorneys to attempt to keep inappropriate evidence from the fact finder’s ears by objecting to improper questions and testimony. Objections are the procedure by which attorneys oppose the introduction of evidence, testimony, argument, or a procedure that they believe to be improper at trial. The primary reason for bringing an objection is to stop the introduction of some form of evidence that will harm an attorney’s ability to win the case. An important secondary reason for objecting is to preserve the issue in the trial record for re-argument at the appellate level. When attorneys raise an objection, they should always give the legal grounds for the objection so that it can be preserved for appeal. An attorney can object to the opposing counsel’s questions on a wide variety of grounds. There are over twenty-six legal grounds for objections. These are as varied as relevance, competence, leading questions, speculation, nonresponsive volunteered answers, assuming facts not in evidence, and credibility. If an objection is made, the judge must rule on the law of evidence and procedure to determine if the question is appropriate. When the judge sustains an objection, the question or evidence will be disallowed. The attorney who is denied the ability to ask a question may make an offer of proof. The offer of proof informs the judge about what the attorney hopes to accomplish with the question, in an effort to reverse the ruling. If an attorney is unhappy with the judge’s ruling, the attorney may make an exception. The making of an exception preserves the issue for appeal. In effect, the exception is a claim that the judge has, in the opinion of the attorney, made an error and been notified of the possible error. Normally, objections must be timely. This means that the objection must be made prior to evidence being entered into the record. Simply put, objections should be made when an inappropriate question is asked, not after the answer has been given and the damage has been done. At times it is impossible to make a timely objection; that is, a question may be appropriate but the answer may violate the law of evidence. If an objection is not made until after the jury has heard the evidence and the objection is upheld, the jury will be told to disregard the evidence. When inadmissible evidence is so prejudicial that the defendant may no longer be able to get a fair trial, then the judge may declare a mistrial. Pretrial MotionsPrior to trial, there are several steps that hasten the processing of issues once the case comes to trial. One step is the use of pretrial motions. Pretrial motions constitute a request on the part of the prosecutor or the defense team for the judge to make legal rulings about aspects of the coming trial. The party that desires a clarification of the law will make a formal written motion—termed a pleading—arguing its position to the judge. The other party to the case will also be allowed to respond in pleadings prior to the decision. Knowing that objections and rulings on objections may be perceived in a negative way by the jury, attorneys often seek to keep evidence out of trial through the use of pretrial motions rather than waiting for the trial to start. If successful, objecting to the use of evidence in pretrial motions also has the advantage of never allowing the jury any knowledge of a damaging line of evidence. Furthermore, when a pretrial motion is unsuccessful, the issue is preserved for appeal, since a full record of the decision is made. There are a number of different types of motions that can be filed prior to trial. Among the commonly used ones are a motion to dismiss, a motion to disqualify the judge, a motion to request a psychological examination, a motion for a change of venue, a motion for discovery, and a motion to suppress evidence. A motion to dismiss involves a routine request by the defense for the judge to quash the indictment because it contains insufficient evidence to bind the case over for trial. Motions to dismiss are rarely successful. A motion to disqualify the judge can be made when it is believed by either party to the case that the judge will not be neutral in his or her rulings. Layton Utah Criminal Defense Attorney Free ConsultationWhen you need to defend against a crime, whether it is a sex crime, drug crime, violent crime, or theft crime, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Real Estate Lawyer Woods Cross Utah Will Your Contract Be Enforced Under Utah Law? via Michael Anderson https://www.ascentlawfirm.com/criminal-defense-lawyer-layton-utah/ Corporate contracts are entered into between someone who is authorized to do business on behalf of the corporation. The corporate business structure is a separate and distinct entity from its shareholders. The corporation elects a board of directors who oversee the significant business decisions. The board of directors then appoints officers to oversee the daily operations of the business. State laws allow corporations to enter into legally binding contracts; therefore, those corporations will have a duty to perform under the contract or else it may be liable for breach of contract. If the corporation does in fact breach the contract, it will face a potential lawsuit from the injured party, and could in fact be forced to either perform under the terms of the contract or pay damages to the injured party for the breach. Shareholders usually cannot be held personally liable for corporate contracts. However, exceptions do exist here, particularly if a shareholder comingles corporate and personal assets or commits fraud. Forum SelectionThe Utah Court upholds the validity of forum selection provisions in contracts, so long as it is fair and allows both parties to decide where and how to address a legal dispute. Furthermore, the by-laws can be amended many times throughout the life of the corporation to change the process for certain business areas. The Constitution usually doesn’t permit any states to adopt a forum selection statute that hinders someone’s right to sue in neighboring states or in federal court. However, several states, have amended their laws to allow businesses to include forum selection clauses in the company’s state of incorporation. Such information is to be included in the company’s bylaws. Some corporations have even adopted bylaw provisions that indicate that once a shareholder has purchased stock from the business, the shareholder has consented to personal jurisdiction in the forum in which the business identified in its bylaws. Therefore, if the shareholder subsequently brings a suit in another jurisdiction not approved by the company, then the company can certainly communicate that the forum chosen is not the appropriate forum for the legal dispute to be heard. Regarding legal disputes brought by shareholders against a corporation, Delaware courts have begun specifying that a corporation cannot choose a forum that might be known for providing little recovery to its shareholders, substantial fees for plaintiffs, and a release of claims. With that said, the State does in fact allow corporations to include forum selection clauses in their corporations that require all potential plaintiffs to bring a suit in that particular jurisdiction. While this benefits the corporation, it also benefits the courts in Utah, as it promotes self-interest of the local bar. Furthermore, the Commerce Clause might even provide specific grounds for when a neighboring state can refuse to enforce the forum-terms. Before a court decides to hear a legal dispute, it should determine whether the entire dispute would be efficient if heard in that forum. For internal affairs disputes, i.e. disputes between an employee or stakeholder of the corporation and the business, the forum of the corporation’s in-home statement will suffice. Similarly, for representative suits, such as class action lawsuits, most courts allow for a forum clause to prevent several lawsuits being brought in various jurisdictions. Common Terms Used in Corporate ContractsThere are some common terms that are used in corporate contracts, and it is important for those entering into a contract with a corporation to be mindful of such terms. These include: • R.F.P., which stands for request for proposal. This is a document that companies utilize to obtain bids from vendors who might be interested in doing work with the other party • D.B.E., which stands for Disadvantaged Business Enterprise. This is a designation that a disadvantaged business can receive on a federal level. The requirement is that the business must have some sort of social or economic disadvantage. • W.B.E., which stands for Women Business Enterprise. This is a specific designation that someone can earn through the Women’s Business Enterprise National Council, which is a certifier of women-owned businesses. A corporation is a separate entity from its shareholder owners, who elect a board of directors to make large-scale, directional decisions for the corporation. The board then appoints officers to carry out the daily management of the business, including entering into routine business contracts. All states have varying laws governing the rights and duties of corporations operating within their borders. State statutes permit corporations to freely enter into binding contracts. A corporation, like an individual, has a legal duty to fulfill its contractual promises or face a possible lawsuit. A corporation may also file a breach of contract claim if its counter-party to a contract breaks his agreement. Shareholders generally are not personally liable for corporate contracts. Limited exceptions exist, as when a shareholder commingles corporate and personal funds or commits fraud. Binding a CorporationA corporate contract generally is only binding if it is signed by the proper parties within the company. Corporate officers typically have authority to enter garden-variety contracts on behalf of their corporations. Utah requires signatures from two corporate authorities to enter a corporate agreement. If a corporation is owned and operated by one individual, she should sign the contract twice and identify her different corporate roles. Contracts are legally binding agreements that are an important part of doing business. Although the kinds of business contracts are numerous, they are typically divided into four categories: leases, sales-related agreements, employment-related agreements and general business contracts. Contracts are legally binding agreements that are an important part of doing business. Although the kinds of business contracts are numerous, they are typically divided into four categories: leases, sales-related agreements, employment-related agreements and general business contracts. Handling a Wide Range of Contract DisputesA contract is like the DNA of the business world. Contracts define a business relationship and form the structure upon which a partnership, corporation and business relationship is built. A contract is at the core of commercial organizations, and a contract violation is a significant part of a civil litigation practice. Even though contracts are written by lawyers, not all of them are well written. Many clients come to the firm as either the plaintiff or the defendant with breach of contract issues related to ambiguous language, definitions, assertions or even timelines. The firm can create a finely-crafted contract, but is more frequently involved in litigation when there is a contract dispute. In some instances, the firm’s attorneys will seek to convince the court that contract language or terms are unambiguous and that a ruling is possible. If the contract language or terms are ambiguous, the firm will seek to convince the court of the intent of the parties and examine performance after signing. The situation that led up to contract, the standard definitions used in the contract and the intent of the contract is all factors that are presented to the court. Depositions are an important aspect of determining intent. The attorneys make certain that witnesses are properly prepared for deposition. Types of contractsA contract can be anything from a formal written document to a purely verbal promise. For example, a contract could be made simply because of a handshake deal to do a job where the only thing in writing is a quote on the back of an envelope. Whatever its form, if you agree to provide a service to someone for money, you have entered into a contract. You are promising to do a job for the person and the person is promising to pay you for it. Types of contracts can include: • Written contracts • Verbal contracts • Standard form contracts • Period contracts. Written contractsWritten contracts provide more certainty for both parties than verbal contracts. They clearly set out the details of what was agreed. Matters such as materials, timeframes, payments and a procedure to follow in the event of a dispute, can all be set out in a contract. A written contract helps to minimize risks as it is much safer to have something in writing than to rely on someone’s word. A written contract will give you more certainty and minimize your business risks by making the agreement clear from the outset. Benefits of a written contractA written contract can: • Provide proof of what was agreed between you and the person. • Help to prevent misunderstandings or disputes by making the agreement clear from the outset. • Give you security and peace of mind by knowing you have work, for how long and what you will be paid. • Clarify your status as an independent contractor by stating that the contract is a ‘services contract’ and not an ’employment contract’. This will not override a ‘sham’ contract, but a court will take the statement into account if there is any uncertainty about the nature of the relationship. • Reduce the risk of a dispute by detailing payments, timeframes and work to be performed under the contract. • Set out how a dispute over payments or performance will be resolved. • Set out how the contract can be varied. • Serve as a record of what was agreed. • Specify how either party can end the contract before the work is completed. Risks of not having a written contractWhen a contract is not in writing, you are exposing yourself and your business to a number of risks including: • The risk that you or the person misunderstood an important part of the agreement, such as how much was to be paid for the job or what work was to be carried out. • The risk that you will have a dispute with the person over what was agreed because you are both relying on memory. • The risk that a court won’t enforce the contract because you may not be able to prove the existence of the contract or its terms. It’s always better to have your contract in writing, no matter how small the job is. Any contract with a person that involves a significant risk to your business should always be carefully considered and put in writing. This is advisable even if it means delaying the start of the work. A written contract is essential: • When the contract price is large enough to make or break your business if you don’t get paid. • Where there are quality requirements, specifications or specific materials that must be used. • Where there is some doubt that the person has enough money to pay you. • When you must have certain types of insurance for the type of work you are doing. • Where the contract contains essential terms, such as a critical date for the completion of the work before payment can be made. • Where you or the person need to keep certain information confidential. • When it is required by your insurance company for professional indemnity purposes. • Where there is a legal obligation to have a written contract (eg. trade contracts for building work in Salt Lake City). Oral contractsMany independent contracting arrangements use verbal contracts, which only work well if there are no disputes. A handshake agreement may still be a contract and may (though often with difficulty) be enforced by a court. However, verbal contracts can lead to uncertainty about each party’s rights and obligations. A dispute may arise if you have nothing in writing explaining what you both agreed to do. Some agreements may be only partly verbal. For example, there may be supporting paperwork such as a quote or a list of specifications that also forms part of the contract. At the very least, you should write down the main points that you agreed with the person to avoid relying on memory. Keep any paperwork associated with the contract. The paperwork can later be used in discussions with the person to try to resolve a problem. If the dispute becomes serious, it may be used as evidence in court. The most important thing is that each party clearly understands what work will be done, when it will be completed and how much will be paid for the work. Examples of paperwork that may support a verbal contract • emails • quotes with relevant details • lists of specifications and materials • Notes about your discussion—for example, the basics of your contract written on the back of an envelope (whether signed by both of you or not). If the contract is only partly written or the terms of the work are set out in a number of separate documents (e-mail, quote etc.), it is to your benefit to make sure that any formal agreement you are being asked to sign refers to or incorporates those documents. At the very least, make sure the contract does not contain a term to the effect that the formal document is the ‘entire agreement’. Standard form contractsA ‘standard form’ contract is a pre-prepared contract where most of the terms are set in advance and little or no negotiation between the parties occurs. Often, these are printed with only a few blank spaces for filling in information such as names, dates and signatures. Standard form contracts often include a lot of legal ‘fine print’ and terms that you may not understand. They tend to be one-sided documents that mostly benefit the person who prepared the contract (for example, by shifting as much risk as possible to the contractor). If you don’t understand the fine print or any other part of the contract, you should get advice. If you sign the contract, you will be required to comply with the fine print even if you didn’t actually read it. Tips for standard form contracts• Read every word before you sign: Read the fine print carefully and get advice about any terms you don’t understand before you sign. Once you sign a contract you are bound by all of its terms. If there is an indemnity clause, don’t sign until you understand the risks you are agreeing to accept if something goes wrong. • Cross out any blank spaces: Don’t leave any spaces blank. If you don’t need to fill in a blank space, always cross it out so the contract can’t be changed after you sign it. • Negotiate: You have the right to negotiate any contract before signing, including a standard form contract. But remember that both parties must agree to any changes and record them in the contract you sign. Your union or industry association or a lawyer can help you prepare for negotiations. • Keep a copy: You should always have a copy of any contract you sign. It is best if you and the person sign two copies of the contract, so that you can both keep an original. If this isn’t possible, ask for a photocopy and check that it is an exact copy. Remember to keep your copy somewhere safe for future reference. Period contractsSome independent contractors and people use a ‘period contract’, which is a contract template that sets out the terms for a business relationship where the contractor is engaged to perform work from time to time. In the building and construction industry, these contracts are called ‘period trade contracts’. The contract template will apply each time the person offers work to the contractor and the contractor accepts it. This can occur when the contractor provides a quote and receives a work order from the person, or the parties might sign an addendum (an addition to the contract) that sets out the specific work to be done or result to be achieved. Once the work starts, the contract template and the work order or addendum will form the total contract for the specific work. Period contracts can work well for both parties. They allow for the flexibility of performing intermittent work over an agreed period. However, you should check the terms of the agreement to do each new job. Free Consultation with a Corporate Contract AttorneyWhen you need legal help with a corporate contract lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.7 stars – based on 45 reviews
Avoiding Financial Conflict During A Marriage via Michael Anderson https://www.ascentlawfirm.com/corporate-contracts/ If owners and buyers can reach agreement on the sale, then eminent domain is not needed. Instead, what has occurred here is no different from any other purchase of property. A purchase agreement is produced; eventually there is a closing on the property, and the buyer takes possession of the property. For all concerned, this is the best possible option. But what if there is no agreement between the owner and the buyer? Perhaps the disagreement is over price, or maybe the owner just does not want to sell. What happens then? Here is where the eminent domain process really begins. If your property is being taken away for a public use, consult an experienced Woods Cross Utah real estate lawyer. Should owners and buyers be unable to agree on a sale, eminent domain is a last resort. It may be necessary for the government to build a necessary road, bridge, or school. Eminent domain may be needed to prevent some individuals from wrongly holding up a necessary project or blackmailing the government and taxpayers into giving them more money for their property than they deserve. Eminent domain may simply be needed to get an important public job accomplished. If eminent domain is to be deployed to acquire property, several things need to occur. First, the condemnor is going to have to adopt a resolution that declares a public use and its intent to condemn or take specific properties. At this hearing, several things must occur. First, owners must be given legal notice that their properties are going to be subject to a taking. This is more than perhaps a general notice. In many jurisdictions, owners must receive specific notice served upon them. At the hearing, the condemnor will state its reasons for the condemnation, gather information that will justify the public use, and perhaps even declare the public use. Members of the public, including the owners, will then be given the opportunity to state their reasons for or against the decision to proceed with the condemnation. At the conclusion of these hearings, the government must finally declare that a public use exists to take certain properties and it must adopt a resolution, ordinance, or law declaring its use and the intent to take the properties via eminent domain. If this happens, again new efforts will be undertaken to negotiate a sale with the owner, but if unsuccessful, the owners will receive notice that their properties are being condemned and taken by a city or other government. This notice is served personally upon the owners. Effectively, this is the beginning of a legal process that could go to court. Here, the owners can opt to waive a challenge to the taking. If so, they are really consenting to sell their property. If they do not waive, then they are required to answer or respond to the notice of condemnation. What is now occurring is that the eminent domain is moving from a legislative matter to a judicial one governed by rules of civil procedure and eminent domain law. Rules of civil procedure are court rules that determine how parties notify one another of an intent to sue, what court the action will take place in, how to gather evidence, and a host of other issues. These are the rules governing litigation. Generally, once property owners have received formal notice of a condemnation suit, they will have a certain number of days, oftentimes 30, to reply with an answer. The answer needs to respond to the complaint or petition to take their property. The answer can assert that there is no valid public use, it can contest the compensation award, it can challenge the authority of the court to hear the dispute, or the owner can raise other counterclaims. During this pretrial stage both sides can engage in what is called “discovery.” Discovery is the process used to disclose evidence to be used at a trial. This discovery may include requiring the opposing side to produce materials that might be useful in court. This could include materials regarding why the condemnor is taking the property, factors it used to determine the public use, and any other details that might shed light on its decisions. Other parties might also be questioned and other properties might be examined. If the challenge is over whether there is a valid public use and a determination was made, for example, that a specific property was blighted, evidence of blight might be examined. At some point, if the condemnor and owner do not settle, there will be a trial. These are civil trials, and seldom are juries used. Instead, they are bench trials before a judge. If the dispute is over questions regarding whether there is a valid public use, the courts have said that they will give significant deference to legislative determinations. To some extent, the burden is on the property owner to show that there is no valid public use. They might try to show that the taking is for a private use or that there is some other reason to question the condemnation process. If the dispute in the case is overcompensation, then no side carries what is called the burden of proof. Instead, both sides present their evidence about value to the judge and the court ultimately makes the decision regarding fair market value. Once the trial has concluded, the judge must then render a decision about the validity of the taking or compensation, or both. If no one appeals the decision, the court then issues a judgment; if the condemnor has won, title to the property in dispute is awarded to that entity. The owner is then given a certain amount of time to vacate the property and awarded compensation. If either party disagrees with the court decision, an appeal is possible. If it is the owner appealing, she may wish to stay the court’s order so that the change of title does not occur. How long might all this take? It could take months, if not years, depending on the complexity of the legal issues. However, this normal taking, is the basic process for using eminent domain. It is slow, very public and often costly, but the goal generally is to protect owners. Inverse Condemnation ProcessInverse condemnation generally occurs in cases of regulatory takings or where the government acts in other ways that de facto result in the taking of property, but where no formal eminent domain action has been initiated. A suit for inverse condemnation allows owners to sue the government to force the payment of compensation for the taking of property. Perhaps the government has enacted a regulation that is not aimed at abating a nuisance, or perhaps it overregulates. Maybe instead it denies all economically viable use of property or destroys all investment-backed expectations. These would be situations where regulatory takings occur and an owner might bring suit for inverse condemnation to compel compensation. But inverse condemnation may also be appropriate where the government undertakes other actions that effectively render a taking of property. These could be situations where the government issues an excessive temporary moratorium on property development. Another might be where government action blocks access to property, or situations where it floods property. Another scenario might be a claim that a zoning ordinance is excessive and fails to serve or further legitimate state interests. An action for inverse condemnation might also occur when the government simply physically invades private property by illegally authorizing another party to trespass. All these are possible situations where the government has decided not to engage in a formal taking of private property but nonetheless the owner may be able to allege that this is what has happened. If an inverse condemnation is brought demanding compensation, the owner first needs to demonstrate that a taking has occurred. Several tests have been employed or developed to demonstrate a taking. These tests include asking if a physical invasion of the property has occurred, to looking at whether the regulation advances a legitimate state interest. The owner carries the burden of proof to show that a taking has occurred. If an owner can show a taking, then the topic turns to damages and compensation. Here, owners will need to show that, as a result of the taking, their property was damaged and then they will need to assert a claim for compensation. The standard for damages is compensation for the fair market value of the loss of the property. In a court proceeding for inverse condemnation, all the rules of civil procedure, evidence, and for showing damages and being awarded just compensation are the same as they were in normal and quick-take proceedings. Owners who are unhappy with decisions also are permitted to appeal court judgments or decisions. Determining Compensation And Fair Market ValueThe constitutional standard is that the owners must receive fair market value for their property losses. To start with, the valuation of property is not something that just anyone can do. Owners may have a belief about what their property is worth, but such beliefs are often not accurate and, more important, not generally admissible in court as a valid way of determining property values. Instead, determination of just compensation, while ultimately determined by the courts, is often premised upon the expert testimony of appraisers who follow specific standards when seeking to value property. Individuals who do eminent domain property appraisal are generally licensed at the state level and they are often members of professional appraisal societies. Beyond being licensed and trained, appraisers must follow specific standards. Appraisals for federal projects must comply with the uniform standards of professional appraisal practice. Additionally, all appraisals for federally related financial transactions must be made and reported in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board (ASB) of the Appraisal Foundation. Finally, to avoid conflicts of interest, an appraiser’s compensation may not be linked to the value of the property. In effect, one cannot pay appraisers based on a sliding scale fee tied to the value of the appraisal. This would create incentives to give inflated valuations. For a property appraisal an owner must first hire an appraiser. Oftentimes the owner and the condemnor may each hire an appraiser or, in some cases, they may agree to hire one person to do the valuation for both of them. An experienced Woods Cross Utah real estate lawyer can help you get the right compensation for your property. Woods Cross Utah Real Estate Lawyer Free ConsultationWhen you need legal help for a real estate matter in Woods Cross Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-woods-cross-utah/ Divorce can be devastating however; uncontested divorces are often less devastating to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Instead, uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with attending a trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested divorces are an option available to divorcing couples with or without children. These types of divorces are generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations and hiring experts for trial. If you and your spouse are able to agree on all issues regarding your divorce, including child custody, visitation and support, then an uncontested divorce is a real option. However, if you and your spouse cannot reach an agreement on any issue in your divorce, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your divorce case. The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Utah:
To obtain an uncontested divorce in Utah you must meet the following criteria:
Where you live will determine where you file for divorce because generally, you will file your divorce paperwork in the county in which you live. If you and your spouse have separated but still reside in Utah, either the county in which you lived, or where your spouse has lived for the last three months is proper to file your paperwork. Preparing Divorce Forms The Courts site offers online forms for completing an uncontested divorce available here and or in hard copy at your local courthouse. The following documents must be filed with your divorce paperwork:
If you and your spouse have children together under the age of 18, then the following forms must be filed as well:
The required paperwork to complete a divorce in Utah may vary in your particular county, and thus, forms in addition to those listed above may be required to complete your divorce. Check with your local court clerk for more information and to determine whether you need to file additional forms. REQUIREMENTS TO FILE FOR A DIVORCE
As in most states, divorce law allows you to obtain a no-fault divorce. You must merely demonstrate that you and your spouse have irreconcilable differences. The Law also allows you to seek a divorce if your spouse has committed one of the following:
Property Distribution One of the most divisive issues of any divorce involves how property is distributed to the parties involved. Courts use the principle of equitable distribution, i.e. assets should be allocated fairly, to divide marital property. This does not necessarily mean a 50/50 split and fairness is governed by many factors including:
Alimony or spousal maintenance may be ordered if the dependent spouse is unable to maintain the current standard of living. In most cases, alimony is only temporary and will be terminated after a determined period of time. The court will consider the following when awarding alimony:
Law allows divorce on fault-based grounds, as well as the no-fault grounds of irreconcilable differences. If you want to file for divorce in a court, you must have lived in the state for at least three months. If you have minor children and need the court to decide custody, those children typically must have lived in the state at least six months.
Attending Divorce Education and Mediation
Going to Trial
Divorce Attorney in Utah Free ConsultationWhen you need a divorce in Utah, please call Ascent Law LLC at (801) 676-5506 for your Free Consultation. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Violations Of Child Custody And Visitation Taking Legal Action For Non-Payment Of Invoices via Michael Anderson https://www.ascentlawfirm.com/how-to-get-divorce-in-utah/ Most individuals file for bankruptcy protection under Chapter 7 in Utah. However if you do not qualify for filing a Chapter 7 bankruptcy in Utah, you can file under Chapter 13. Sometimes although you may qualify for a Chapter 7 bankruptcy, you may be better off filing a Chapter 13 bankruptcy. Chapter 13 bankruptcy is a type of bankruptcy proceeding often referred to as the wage earner’s plan. In a Chapter 13 proceeding, the debtor files a repayment plan in the bankruptcy court and makes payments according to the plan. Chapter 13 bankruptcy helps you pay off the debt in installments. If you are facing foreclosure, Chapter 13 will allow you to keep your home if you include the mortgage in your repayment plan. If you have a regular source of income, then Chapter 13 is your best option as it allows you to retain your assets unlike Chapter 7 where the bankruptcy court appoints a trustee who takes over and sells your non-exempt assets to pay off your debts. An experienced Utah bankruptcy attorney can help you get a bankruptcy discharge. There are many attorneys in Utah but if you are located in Lehi, an experienced Lehi Utah bankruptcy lawyer is your best option. Not all attorneys have the knowledge and skill required to get a bankruptcy discharge. You will need one that specializes in bankruptcy. If you are based in Lehi and considering bankruptcy filing, you should consult an experienced Lehi Utah bankruptcy lawyer. Chapter 13 procedure is complex. A small error can cause your petition to be dismissed. Having an experienced Lehi Utah bankruptcy lawyer assist you can be invaluable. You must file your Chapter 13 petition in the bankruptcy court. Your petition must be accompanied by the following documents: • List of assets and liabilities; • Details of current income and expenditures; • Details of unfulfilled unexpired leases and contracts; • Financial statement An experienced can help you prepare and file the petition along with the necessary documents. An automatic stay comes into operation immediately upon filing of a Chapter 13 petition in the bankruptcy court. Your creditors cannot take any further steps to collect the debts nor can they contact you. Repayment PlanYou must submit a repayment plan along with the petition. If your repayment plan is not ready at the time of filing, you may file it within 15 days of the filing. If your repayment plan is still not ready, an experienced Lehi Utah bankruptcy lawyer can request the bankruptcy court to extend the time. Your repayment plan will require you to contribute a portion of your future income to make the payments under the plan. The payments must start within 30 days of filing of the repayment plan. You will be making the payments directly to the bankruptcy trustee who will then distribute it amongst your creditors. About 30 days after you file the petition, a creditors meeting will be held. At this meeting the creditors can object to your repayment plan. An experienced Lehi Utah bankruptcy lawyer can draft your repayment plan and deal with the objections raised by the creditors. Generally creditors have 90 days from the date of filing of the Chapter 13 petition to file their claims. This period is extended to 180 days if the creditor is a government entity. Generally all Chapter 13 repayment plans require the payments to be made within 3 years. However in some case the bankruptcy court may allow the payments to be made within 5 years. Cram Down ProvisionAn experienced Lehi Utah bankruptcy lawyer will also advise you on the cram down provision of Chapter 13 bankruptcy and use it to your advantage. An experienced Lehi attorney will use the cram down provision to legally reduce the balance on a secured loan. Generally under Chapter 13 bankruptcy you can retain the collateral of a loan if your repayment plan provides for repayment of the loan or the market value of the collateral. An experienced Lehi Utah bankruptcy lawyer can use this cram down provision to reduce or strip second mortgages in Utah. The cram down provision can also be used to reduce mortgages on investment and rental property but cannot be used to reduce the mortgage on principal residence. Using the cram down provision, the mortgage is split into to parts: secured and unsecured. The secured part is the part of the mortgage which is equal to the present value of the property. The part in excess of the present value of the property is the unsecured part. You will only need to pay the secured part in full. As for the unsecured part, an experienced Lehi Utah bankruptcy lawyer can assist you discharge it by paying pennies for the dollar. This works well for debtors with second mortgages or mortgages on investment property. Cram down provision rules are complex and you will require the services of an experienced attorney. Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) amended the debtor’s duties under 11 U.S.C. § 521 to, inter alia, require debtors to file and/or produce documents, including a Statement of Intention, payment advices, and federal tax returns, in addition to a list of creditors, schedule of assets and liabilities, schedule of current income and current expenditures including statement of current monthly income, statement of financial affairs, statement of the amount of monthly net income, and statement disclosing any reasonably anticipated increase in income or expenditures over the 12 month period following the filing date. If your fail to file payment advices, or the other documents required by Section 521(a)(1), your petition will be automatically dismissed effective on the 46th day after the date of the filing of the petition. The bankruptcy court may extend the time within which you may file the required documents for up to an additional 45 days if you file a request “within 45 days after the filing of the petition,” and if the bankruptcy court finds “justification” for the request. A trustee may move during the first 45 days of the case for the case not to be dismissed if you attempt in good faith to file the information required under Section 521(a)(1) and the interests of creditors would best be served by administering the estate. Income Tax ReturnsSection 521(e)(2) requires you to provide a copy of her most recent federal income tax return, or a transcript of such return, to the Chapter 7 trustee within 7 days before the date first set for the Section 341 meeting of creditors. There is no provision for automatic dismissal of your petition upon the failure to provide tax returns. Instead, if you fail to comply with Section 521(e)(2), the court will dismiss your petition unless you show that failure to comply is “due to circumstances beyond your control of the debtor. Experienced Lehi Utah bankruptcy lawyer will ensure that you file all the required documents within time. Credit Counseling And Financial ManagementIn order to be eligible for relief under the Bankruptcy Code, you must obtain from an approved nonprofit budget and credit counseling agency described in Section 111(a) of the Bankruptcy Code, an individual or group “briefing,” within the 180 day period preceding the date of filing of your bankruptcy petition. The initial requirement for the briefing is that it occurs before the filing of the petition. Some courts have held that this requirement is completed if done not later than the day before filing. Other courts have concluded that completing the briefing on the day of filing satisfies the requirement. Experienced Lehi Utah bankruptcy lawyer will review your case to see if you have completed the required credit counseling within the 180 period as required by bankruptcy law. When you file your bankruptcy petition whether under Chapter 7 or Chapter 13 of the Bankruptcy Code, an automatic stay will come into operation preventing your creditors from contacting you or taking steps to recover the dues. Unless the bankruptcy court grants relief from the stay, an act against property continues until the property is no longer property of the estate. The stay of all other acts continues until the case is closed or dismissed, or, if the debtor is an individual, a discharge is granted or denied. You can claim damages from any creditor who violates this automatic stay. Bankruptcy laws are complex. You will require the services of a bankruptcy attorney to help you get a discharge. Remember if your bankruptcy petition is dismissed, there are restrictions on future filing. You will need a deep knowledge of the bankruptcy laws to know the exact filing requirements. When you hire experienced Lehi Utah bankruptcy lawyer, you will have peace of mind knowing that your filing will meet all the filing requirements. Stay ReliefCreditors can seek relief against the stay in both Chapter 7 and Chapter 13 proceedings. • There is existence of “cause” for stay relief, including lack of adequate protection, or • The debtor lacks equity in the collateral. In a Chapter 13 proceeding besides the above conditions, a creditor can also seek a stay relief if the collateral is not necessary to an effective reorganization. To seek a stay relief, the creditor must file a motion. A preliminary hearing must be held within 30 days of the filing of the motion. If the court orders the continuation of the stay at that preliminary hearing pending final hearing, the final hearing must be concluded not later than 30 days after the conclusion of the preliminary hearing. The court must rule within 30 days after the commencement of the final hearing. Some courts will not continue to exercise jurisdiction over collateral once stays have been lifted. This can be significant in some instances. For example, suppose a creditor obtains stay relief on a car, the debtor refuses to surrender the vehicle, and it cannot be repossessed without a breach of the peace. Arguably, the creditor’s only remedy is to seek possession through the state courts. It may be quicker and easier if the bankruptcy court could order turnover as an enforcement measure of its original stay relief order. If a debtor is required to make collateral available to a creditor following default pursuant to U.S.C. § 9- 503 and the security agreement, the order lifting stays could include language to that effect that could be enforced by the bankruptcy court through contempt proceedings. A creditor may therefore wish to include a provision providing for such turnover in the order lifting stays. Experienced Lehi Utah bankruptcy lawyer can represent you and oppose any motion for stay relief. Experienced Lehi Utah bankruptcy lawyer can help you choose between Chapter 7 and Chapter 13 If you are located in Lehi, you must file your bankruptcy petition in the bankruptcy court that has jurisdiction over your place of residence. There are many bankruptcy attorneys all over Florida but if you are located in the Tampa area, your best option is to consult with experienced Lehi Utah bankruptcy lawyer. You can discharge most of your debts in bankruptcy. You can also prevent foreclosure and retain your home by filing for bankruptcy using the service of bankruptcy attorneys. An experienced Lehi Utah bankruptcy lawyer can review your circumstances and advice you on whether you should file under Chapter 7 or Chapter 13 of the Bankruptcy Code. Mortgage DefaultsIf you have defaulted on your mortgage payments or are facing foreclosure, you must consult an experienced bankruptcy attorney. Do not wait until it is too late. By using the services of an experienced bankruptcy attorney, you can catch up on past due mortgage payments and prevent foreclosure. Despite its drawbacks, potential pitfalls, and legal complexity, filing bankruptcy will let you avoid foreclosure and work out a long-term solution to keep your home. Chapter 13 bankruptcy is a legal way of catching up with past due mortgage payments and preventing foreclosure. Also you can strip a second mortgage with bankruptcy. Lehi Utah Bankruptcy Attorney Free ConsultationWhen you need to stop a foreclosure, stop a garnishment or get some financial relief, please call Ascent Law now at (801) 676-5506 for your free consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Is Getting A Lawyer For A DUI Worth It? via Michael Anderson https://www.ascentlawfirm.com/bankruptcy-lawyer-lehi-utah/ The workings of antitrust laws are often overlooked by most consumers. Yet, antitrust laws play an important role in the functioning of our society. Without such laws in place businesses could place unreasonable prices on products. Larger firms would also be able to edge out businesses from the market. Antitrust laws are part of the greater subject of business law. They work to prevent companies from conspiring with others to rule a particular market. In the past, collusion has allowed participating companies to gain an unfair advantage. Companies fixed prices at unreasonable rates in a greedy grab for profits. Utah’s antitrust prohibitions work to prevent this type of unfair business practice. This area of law also addresses businesses that create a monopoly. Monopolies occur when a single owner (or firm) owns a substantial number of the competing firms in a market. This hurts businesses and consumers by taking away competitive pricing. The law prohibits both horizontal and vertical monopolies. A business lawyer deals with both state and federal regulations on antitrust. Federal law includes the Sherman Antitrust Act and the Clayton Antitrust Act. Under Utah’s version either a private citizen or the state attorney general can bring a lawsuit against a business. A private individual may seek injunctive relief or treble damages. The state attorney can obtain injunctive relief, damages or impose a civil penalty. Violating antitrust law is a also a crime. Those found in violation can be guilty of a felony. A corporate defendant can be fined millions of dollars. An individual corporate officer can receive a prison sentence for three years. Utah’s law specifies a few activities that constitute antitrust. First, any trust or conspiracy that seeks to restrain commerce or trade is deemed illegal. Secondly, it is illegal to monopolize or attempt to engage in such activity. It is also prohibited to conspire with others to create a monopoly. Specific scenarios that signal antitrust activity consist of the following: Antitrust EnforcementAlong with Utah’s antitrust statutes, there are numerous additional business regulations designed to protect free trade and commerce. Utah uses two federal statutes, the Sherman Act and the Clayton Act, to assist states in prosecuting antitrust claims by prohibiting any interference with the ordinary, competitive pricing system, as well as price discrimination, exclusive dealing contracts and mergers that may lessen competition. If you suspect a person or business has committed an antitrust violation, you can report it the Utah Attorney General’s Markets and Financial Fraud Division. Antitrust LawsState antitrust laws prohibit companies gaining an unfair competitive advantage in the consumer market via collusion between companies. These laws will also try to avoid monopolies by blocking certain mergers and acquisitions as well. In order to enforce these provisions, Utah law allows private citizens, as well as the state attorney general, to bring lawsuits against companies for antitrust violations. If successful, a citizen may recover attorneys’ fees and the cost of the lawsuit. Antitrust laws regulate the way companies do business. The goal is to level the playing the field in the free market and prevent businesses from having too much power. For the purposes of antitrust law, a trust is a large group of businesses that work together or combine in order to form a monopoly or control the market. Antitrust laws ban companies from taking certain actions in order to develop monopolies. They ban what some people see as deceptive trade practices that companies might want to use in order to try and outperform the competition. To put it another way, antitrust laws prevent companies from using dirty poker in order to stay ahead of the competition. Antitrust laws don’t prohibit a company from controlling a large share of the market if they do it by innocent means. What antitrust laws prohibit are acts intended to form a monopoly by using unfair tactics. The courts use what’s called the “rule of reason” test in order to determine if an act is unlawful. They consider the effect of the business decision on the market. As government officials and private entities bring lawsuits against alleged antitrust violators, courts give more direction about what kinds of behaviors amount to antitrust violations. The courts say that certain actions like price fixing, group boycotts or group agreements to control business activity in certain markets automatically amount to antitrust activity. However, no two cases are exactly alike. In each case, the court has to look at exactly what happened and make a determination. The Sherman Act is the seminal law that prohibits antitrust behavior. Courts can pursue civil or criminal penalties that can include up to 10 years in prison and a million fine for each violation. Businesses can face a fine of up to $100 million. They can also face a fine that equals twice the profits they’ve made from the unlawful activity. The Clayton Act is an antitrust law that followed soon after the Sherman Act and specifically identified certain prohibited behaviors. For example, the Clayton Act prohibits an intermingled directorship where one person makes business decisions for two or more competing companies. Examples of antitrust lawsAn example of behavior that antitrust laws prohibit is lowering the price in a certain geographic area in order to push out the competition. For example, a large company sells widgets for $1.00 each throughout the country. Another company goes into business and sells widgets just in Utah for $.90 each. In response, the first company lowers their prices just in Utah to $.80. They’re selling the widgets at a loss just in that state just to push out the new competitor. The second company goes out of business. The first company likely violated antitrust laws by using their large status to lower prices in just one area in order to attack the competition. Another example of an antitrust violation is collusion. For example, three companies manufacture and sell widgets. They charge $1.00, $1.05, and $1.10 for their widgets. If these three companies plan and agree to all charge $1.15 for widgets, they’re likely in violation of antitrust laws. It’s not always immediately clear if a company is in violation of an antitrust law. It’s a question that’s specific to the facts of each case. The courts and regulating agencies have to look at the facts of the case in order to make a determination. Companies are wise to seek legal advice as they plan large-scale business changes including mergers and acquisitions in order to make sure they steer clear of potential violations of antitrust laws. Representatives of federal and state agencies bring lawsuits in order to enforce antitrust laws. Specifically, the Federal Trade Commission, Department of Justice and state government authorities bring lawsuits on behalf of the government. They bring lawsuits against the companies that they believe may have violated antitrust laws. There are both civil and criminal remedies available to the courts. The court can also issue an injunction in order to prevent the company from continuing specific behaviors. Private citizens and other companies can also take action to enforce an antitrust law. They can file a lawsuit in the appropriate court. When a person or company can show that they’re the victim of antitrust behavior, they can collect damages. The Federal Trade Commission has ways outside of the judicial system to enforce antitrust agreements. They’re able to enter into consent agreements where businesses agree to certain actions in exchange for resolving accusations of antitrust violations. In addition, the Federal Trade Commission also has the power to require pre approval of proposed mergers and acquisitions. Public support for antitrust laws grew in the late 19th century. As business began to boom, some people worried that businesses could have too much power. They saw the development of large railroad companies and other industries of the era. Some people likened the power of big business to the power of a king. If a king could have too much power over their subjects, they reasoned, it could be equally problematic for any single company to have too much power in society. They reasoned that antitrust laws are the answer to this concern. Although the first piece of antitrust legislation was the Interstate Commerce Act of 1887, the landmark antitrust legislation in Utah is the Sherman Act of 1890. The Clayton Act soon followed in 1914. Also in 1914, legislation created the Federal Trade Commission. The Federal Trade Commission is a federal agency tasked with enforcing federal antitrust laws. As soon as they were in place, government officials quickly used antitrust laws to bring actions against companies they suspected acted in violation of the law. Antitrust laws are a matter of some debate. Supporters say that antitrust laws are necessary in order to keep competition fair in a free-market economy. They say that businesses can’t be trusted to look out for the interests of society as well as their own interests. Preventing monopolies and collusion lowers prices for everyone, they say. Opponents say that it isn’t that simple. They say that allowing businesses to fully compete would result in the lowest prices for consumers. They say that as long as there’s a profit to be made, there’s always someone that is going to come along and enter the market. What’s not debatable is the impact that antitrust laws have had on business. Antitrust laws have split up some of the largest companies in history. The laws continue to be a matter of debate as governments and private citizens continue to aggressively enforce them. Antitrust laws continue to be as debated as they are influential. Antitrust laws affect all people whether they’re aware of it or not. Antitrust laws ensure that companies conduct business fairly. They’re meant to ensure free trade and competition. Both government agencies and private entities can enforce antitrust laws. Courts continue to define and refine antitrust laws that date as far back as the late 19th century. Antitrust law is a field of law that suits people who enjoy analysis, investigations and logic. Because an antitrust violation is a fact specific determination that depends on the circumstances of each case, an attorney that enjoys investigating facts and applying reason enjoys this field of practice. Antitrust attorneys may work for the government, or they may work on behalf of a private entity. An attorney that works in the private sector may be in-house counsel for a corporation, or they might work for a law firm. That means if you’re looking for the challenge of private practice or a career in government, there are options available. There may also be career opportunities to move between the public and private sector. Lawyers in the antitrust field work with a large but structured and identifiable body of case law. They can also contribute to lasting case law developments. Finally, antitrust attorneys may also work as advocates and lobbyists on behalf of corporations as they seek to change or supplement existing antitrust laws. Many antitrust attorneys find the field mentally challenging and personally rewarding. Many consumers have never heard of antitrust laws, but when these laws are effectively and responsibly enforced, they can save consumers millions and even billions of dollars a year in illegal overcharges. Most States have antitrust laws, and so does the Federal Government. Essentially, these laws prohibit business practices that unreasonably deprive consumers of the benefits of competition, resulting in higher prices for inferior products and services. When the competitive system is operating effectively, there is no need for government intrusion. The law recognizes that certain arrangements between firms such as competitors cooperating to perform joint research and development projects may benefit consumers by allowing the firms that have reached the agreement to compete more effectively against other firms. The law does not condemn all agreements between companies, only those that threaten to raise prices to consumers or to deprive them of new and better products. But when competing firms get together to fix prices, to rig bids, to divide business between them, or to make other anticompetitive arrangements that provide no benefits to consumers, the Government will act promptly to protect the interests of all consumers. Antitrust Lawyer Free ConsultationWhen you need legal help with an Antitrust Law case, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What Factors Are Considered When Awarding Child Custody? via Michael Anderson https://www.ascentlawfirm.com/antitrust-law/ If you and your spouse are considering a divorce, speak to an experienced Ogden Utah family lawyer. You may be better off trying divorce mediation. In Utah divorce mediation is becoming very popular and that’s not without reason. In every divorce, the husband and the wife are responsible for the effect of their divorce on everyone who has been or is in their world. Most husbands and wives do not understand this, however. In fact, not until the growth of divorce mediation have husbands and wives begun to understand their responsibility for the effects of their divorces on others. Most husbands and wives do not understand that they, and they alone, have the power to make the effect of their divorce on everyone in their world either positive or negative. Husbands and wives, who choose to be responsible for the effects of their divorce on everyone in their world, can make that choice based upon the method they use to make all of the decisions in their divorce. They are getting divorced to make things better, not worse for themselves, their children, and everyone else in their world. Divorcing spouses should consider mediation. Mediation allows the parents to control the process and terms of their divorce. Otherwise, a judge with limited exposure to the couple and their children will make legally binding decisions that will affect their family forever. Couples who mediate their divorce report much greater satisfaction than couples who litigate their divorce. Not only do spouses learn how to resolve their conflicts themselves (thus saving them time and money they would pay to lawyers), their children benefit by being around parents who are amicable and cooperative. Speak to an experienced Ogden Utah family lawyer if you want to try divorce mediation. Divorce MediationNot all couples can mediate their differences. Couples in which one spouse still wants to be married, one spouse abuses the other, or one spouse is controlled by a parent or new spouse are not suited for mediation. For couples who can profit from mediation, the mediator will require that both parents be open and disclosing about their finances, that they agree not to subpoena the mediator or records for any subsequent court hearing, and that they be civil toward each other around their children. The goal of mediation is to arrive at a just and fair agreement about how the children will be cared for (physically and economically), whom the children will live with for how long each week, and whether, how much one parent will provide money for the other in terms of child or spousal support. An experienced Ogden Utah family lawyer can help you in your divorce mediation. Divorce mediation is an alternate way for people to obtain a divorce settlement. It is based upon new thinking about divorce and conflict resolution. Instead of relying on the traditional adversarial court process, by first commencing a lawsuit and then settling on the courthouse steps a year or two later just before trial (and after spending thousands of dollars preparing for trial), mediation relies on the ability of divorcing couples to discuss and work out their own agreements with the help, encouragement, and guidance (but not advice) of a professional mediator. The process offers divorcing couples new and very different choices that are better and less destructive than adversarial choices. These choices have been invented by the practicing divorce mediators who have learned in the trenches what works and what does not work with high conflict couples in the midst of painful divorce. Mediation offers these couples the opportunity to learn how to cooperate with each other, rather than encouraging them to compete as adversaries when negotiating and living with a divorce settlement. It offers them the opportunity to use attorneys, therapists, and accountants, not as hired guns, but as experts who assist the couple to achieve fair and workable results. To the surprise of many, mediation actually becomes a vehicle to teach cooperation and to create healing. Divorce mediation is different than traditional divorce procedures, even when traditional steps taken by attorneys lead to a settlement of the case without a trial. In fact, what occurs in divorce mediation is 180 degrees from the adversarial process at virtually every point. The philosophy of mediation is that all sides should achieve a victorious outcome, in contrast to the adversarial divorce philosophy of winner prevails due to the loser having a weaker case. Even with collaborative attorneys, the traditional approach still follows the win-lose assumptions of the court system that one parent gets the children and the house and the other parent makes child support payments. Even when attorneys stop short of using the total firepower of the adversarial process, people operating within the framework of adversarial thinking still make divorce decisions by competing to determine whose case is stronger. In the adversarial divorce process, each person usually hires an attorney and that attorney is required by the canons of ethics to advance the case strictly on behalf of their client. Given that mind-set, the attorney will represent the client by presenting the facts and law in the light most favorable to the client. This is not called stretching the truth; in legal parlance it is zealous advocacy. The attorney who represents the other spouse will, of course, do the same. It is no surprise they have different predictions about what their clients are entitled to. The differences in their predictions may not be huge, but the differences are usually enough to stoke the competitive adversarial fires for some time to come. Because the lawyer also may not know what to expect of the other side in the early stages of representation, one of the first instructions a lawyer gives to a client is to not speak with the other spouse. This suggestion is designed to prevent sharing information that could be useful to the other side in a trial. Of course, if one spouse is unwilling to sit down with the other at the mediation table, it may be necessary to commence the legal action. If your divorce mediation does not work, an experienced Ogden Utah family lawyer can help you get a divorce through a court order. Another problem with the adversarial approach is that it encourages spouses not to trust each other. The major assumptions of the adversarial divorce process are that the other side will not tell the truth about the marital estate, will hide assets, and will inflate liabilities. Each person may be encouraged to listen to their dark side, to believe that the other party is an unfit parent who will try to get out of their legal obligation to pay support. This cultivation of one’s fears usually sets off the other person. Fueled by their fear, each tries to outmaneuver the other. Because neither side trusts the other, the attorneys need to send interrogatories to the other side. Interrogatories are a set of questions that ask for any and all information each side believes it needs in order to proceed. Sending interrogatories tends to be a game of keep away, because each attorney is permitted to advise their client to answer the questions with as little information as possible. After each side has completed this exercise, and neither has gained any helpful information from the other side, the attorneys request depositions. Depositions are another way of trying to obtain information, except that these require the other person to answer questions under oath with a court reporter recording everything that is said. Once again, each person is advised by their attorney to give as little information as the rules allow. Because one side has deposed the other, then the other does the same. The most egregious of all battles is the custody battle, for what could be more important than one’s children? If the parents are fighting over who will get the children, attorneys will ask each client to find friends, relatives, and others to help discredit the other parent. To accomplish this, the friends, relatives, and others are asked to sign affidavits, which are negative statements about the other parent’s ability to parent the children. These affidavits are used to prove a parent has acted against the best interests of his or her children in the past, as a basis for awarding custody of the children to the more fit parent. The affidavits contaminate the well water for many years to come, making it difficult for parents to cooperate as they must after the divorce. AlimonySpouses without children may have a continuing relationship because of the financial dependency of one upon the other, called alimony. As part of their divorce negotiations, they establish the details of how much will be paid, for how long, and any special circumstances that would end or continue maintenance. Spouses with children of any age will need to establish a businesslike relationship to continue their parenting relationship, which a divorce does not sever. For example, they may have agreements about parenting minor children, and how they will conduct themselves in each other’s presence at the children’s special events in the future. Parenting PlansConcerns about parenting are at the center of the growing recognition that divorce, as it has been conducted in the court system, harms children. Divorce mediation demonstrates a preferred approach that is less harmful to children, and therefore, is more than a passing fad. Almost two million children each year experience their parents’ divorce. In addition, with the explosion of unwed births, a growing number of children whose parents are not married experience the conflict between their parents who try to raise them in separate homes. Divorce mediation and mediation with unmarried parents provide hope for these children, because mediation helps strengthen and improve parental relationships for parents who live in two separate places. Providing a means to address the issues of separate parenting is of paramount importance in a country where such arrangements are now the norm. An experienced Ogden Utah family lawyer can help you prepare a parenting agreement. Custody EvaluationsIn adversarial divorce, when expert information or advice is needed, each attorney hires an expert to issue an opinion, and if necessary, to testify in a light most favorable to their side in court. With each expert reinforcing the side of the attorney who hired him, there is still a contest between the opposing opinions of the experts. In mediation, when an expert opinion is needed, the mediator gives the couple a few names. The clients then interview the experts and agree on one they will mutually employ to give an opinion as a neutral expert. The professional neutral expert will usually send the couple an engagement letter that explains their role as a neutral in the mediation process. The neutral expert asks the couple to agree not to call the expert as a witness should the matter result in court action. The expert also asks the couple to pay the expert’s fee either by each paying one half or having the fees paid out of joint monies. Call A Ogden Utah Family LawyerDivorce is a complex process, especially if the spouses can’t reach an agreement on the main issues in a divorce – property distribution, child custody, child support and alimony. When you are fighting a divorce battle you will be emotionally drained. Your ability to take sound legal decisions will be affected. That’s why you need an expert to advise you. Who could be a better expert than an experienced Ogden Utah family lawyer. The lawyer will ensure that you take legally sound decisions . You need someone who understands your case and is sympathetic to you. If you and your attorney are not on the same page, it’s highly unlikely that you will succeed in the litigation. So before you hire an attorney for your divorce, spend some time talking to the attorney about the case. This will help you decide if the two of you are on the same page. The last thing you want to do is change your attorney halfway through the trial. Ogden Utah Family Attorney Free ConsultationWhen you need help with guardianship, divorce, child custody, adoption or other family law matter, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Stand Up For Your Custody Rights Using Gifts To Reduce Estate Tax What’s The Difference Between A Divorce Trial And A Hearing? via Michael Anderson https://www.ascentlawfirm.com/family-lawyer-ogden-utah/ It seems like the term DUI is everywhere. Almost every weekend you see stories on the news about police task forces that are targeting the rising number of DUI cases. You probably know by now that if you need a DUI Lawyer in Salt Lake City you should call Ascent Law. In fact, the truth is that throughout the years the rules have gotten significantly more stringent, and these days it can be quite easy to end up with a DUI. However, the frequency of it should in no way minimize the seriousness of the offense. The truth is that with the strict rules surrounding a DUI offense, the consequences are just as serious. Of course, these consequences vary from state to state and offense to offense. However, in many instances, it may mean that you can be sentenced to large fines, suspended licenses, and even probation or jail time. When you are initially arrested for a DUI you may be overwhelmed, but the first thing that you need to do is to get in touch with a great lawyer. You see, as penalties vary quite a bit it would help to have a seasoned professional behind you that can help you navigate the complicated avenues of the law. To challenge any DUI accusation you are going to need a strong defense. This is where a lawyer, such as a Utah DUI Attorney, can come in to help you. They are aware of the necessary and allowable types of evidence that you may introduce in a trial. The truth is that not all of the evidence that the police may have gathered from you at the scene may be correct. In fact, there are large margins of error in breathalyzer tests. Additionally, witnesses of the events may be able to help refute some of the evidence that is presented. To come up with all of this on your own would be very daunting, but a lawyer is trained in how to go about this. You also want a great lawyer to deal with your DUI because there may be more lasting consequences than you realize. The price of your car insurance may be affected for years, and it could potentially be an offense that is permanently on your record. Instead, with the aid of a top-quality lawyer, you might be able to work out an arrangement with the courts that would allow your record to be expunged if the offense after having fulfilled your sentence. It may be tempting to try to go it alone when you are accused of a DUI. However, that is not the best choice. By doing that you are simply setting yourself to navigate uncharted territory blindly which can possibly saddle you with more severe consequences than needed. However, with the help of a great lawyer, you can get out of a negative situation in the best way possible, and that is completely worth the price of their service. Are you getting ready to deal with your recent arrest and you know you need a lawyer? Do you want to know what the DUI Lawyer Costs are and how much you should be willing to spend? There are many ways to look at this situation and here is what you should expect. Here are just a few things you should know when you are facing a DUI. If you are facing a DUI charge you could spend time in jail, on probation, doing community service, without a drivers license, and spend a lot of money on these things as well. This is not to mention that you will probably have to go to a series of classes having to do with drinking and alcoholism. This is why the DUI Lawyer Costs should not matter too much. Think about it this way, if your lawyer keeps you out of jail and you do not miss any work or lose your job because of this problem, then he or she is worth a few thousand just for that. This does not mean that they will charge you this much. The legal consequences of drunk driving or driving under the influence (DUI) are increasing every year in many jurisdictions in the United States. In Utah, they are among the most aggressively prosecuted crimes with consequences ranging from revocation of the driver’s license to long jail sentences. Repeat offenders are treated more harshly, with mandatory jail sentencing for second-time offenders from 90 days to one year if found guilty. The best advice is to never drive under the influence of alcohol or any substance that diminishes your ability, for your safety and the safety of others around you. The consequences, both legally and personally, are simply too great to be worth taking the risk. However, should you ever be stopped and the officer suspects you have been drinking, say nothing and politely refuse to take the field sobriety tests? You must prove your identity but otherwise, you are under no obligation to answer any questions until your lawyer is present. What you say and do can have important implications later. It is essential that you are represented by an experienced DUI attorney if you should ever be arrested for DUI. Your attorney understands the laws and defense strategies that are available to aggressively defend you and protect your rights. Even if you are found to be guilty, your attorney will be able to negotiate on your behalf to reduce the penalties, perhaps allowing you to retain your driver’s license or avoid a prison sentence. Never believe that you can take your chances and hope for the best by trying to defend yourself. The cost of experienced representation is much less expensive than the consequences you will surely pay. Have you been charged for driving under the influence of alcohol? This is a grave offense against the laws of the United States. There may be several ways in which you may be penalized for a DUI charged against you. These could be anything from huge fines, confiscation of the license, and seizure of your vehicle to probation and even imprisonment. Moreover, the resultant effects may also be difficult to handle, as it could lead to ill repute, loss of friends or something as damaging as loss of a job. Do not panic. With the right legal assistance, you can come out unscathed or at the very least with minimal punishment, depending on the seriousness of your crime. Hence, when faced with such charges in your make sure you opt for legal aid in your state. For instance, you should choose a good DUI attorney or DUI lawyer if you are from that state. Why should you hire a professional? For many, a DUI case may seem to be a minor issue that does not require professional legal attention. However, you may be wrong. It is an accepted truth that when an accused appears in court without an attorney, the probability of a favorable verdict is very low. Also, when you are facing unfair accusations and proceedings, a lawyer can come to your aid and fetch you justice. Even if you have committed a mistake, the assistance of a good advocate can extricate you from dire consequences. Hence, it is always advisable to engage a professional lawyer for your DUI case. While choosing your attorney, make sure you check for the credibility of the lawyer in handling similar cases. Find out if he or she has handled similar cases previously and whether he or she has been successful in getting the best solution for the client. Historical records of the lawyer concerned will speak volumes about his or her efficiency. Also ensure that you feel comfortable with the attorney you are about to hire, as genuine communication between you and your lawyer is very important. When you are hiring a lawyer, you will certainly want to remain within your budget. However, you need to keep in mind that if you are only focusing on getting cheap professionals, you may end up employing the wrong person. In case this happens, the purpose of hiring will not be served and you may face heavy penalties. Also, in the process of saving a few dollars, you may even lose your job and that will mean heavier financial losses. Make sure you get the legal help that is worth each penny you pay but remember that a low-priced lawyer may not guarantee your redemption. Hence, when you face a situation where you are tried for driving under influence it is best to go for professional legal advice. Nevertheless, take care to pick the right lawyer or attorney to defend your case before the court. You may not be guilty at all and may have been accused falsely. A good attorney will free you from paying a penalty that you do not deserve. “You get what you pay for” comes to mind when you’re considering between DUI lawyers. If you’re unsure of where to begin when hiring a DUI lawyer, especially on what kind of experience they need, this guide can help. Why do you need a lawyer?Can you represent yourself instead or accept the charges? If you have years experience in handling DUI cases in and out of court, of studying complex legal subjects, of negotiating with judges and prosecuting attorneys – well, you likely don’t have that. The other option, if you have little to no funds, is to use a court-appointed attorney. Let’s face the facts: a DUI defense costs money. If you have to choose between no lawyer and a court-appointed lawyer, go with the court lawyer. On the other hand, if you really want to win, to beat the charges or have them lowered, you need a professional. An experienced lawyer does not charge $500 to $1,000 and promises a big winner. You pay for value, not rock bottom prices. These lawyers simply take advantage of those of us who cannot afford high fees. They are rarely effective. Why? They lack experience in actually winning cases. They don’t spend time on your case because they have many other clients. A fair price for a DUI lawyer can vary, as some are willing to negotiate with you. However, $5,000 to $10,000 is not uncommon. Is that a fair price? You should consider some other questions. How much time will you spend in jail? How long will your license be suspended? How much will you pay in fines? How much, in other words, will this DUI cost you if you get the maximum charges? That is how you should look at legal fees. Avoiding jail time is worth quite a lot. Experience Shows EffectivenessWhat kind of experience will a fair price bring? Plenty of real experience in defending clients in court. This does not always mean the DUI lawyer always won. The nature of DUI defenses is sometimes the evidence is such that you are fighting to lower charges. On the other hand, a good lawyer is able to use his or her in court experience and knowledge to challenge the prosecution’s case. How the officer acted, if there was no reason to pull you over, the validity of the breathalyzer test, how close you were to the limit – these all should be challenged. Winning is subjective in DUI cases; you might avoid months in jail, thousands in fines, and continue to be able to drive to and from work. While you cannot always win a “not guilty plea” and beat all charges, you almost always have the opportunity, with an experienced lawyer, to defeat some of the charges. DUI Lawyer Free ConsultationWhen you need legal help with a DUI case in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Criminal Defense Lawyer Provo Utah How To Keep Your Nonprofit Tax Exempt Status via Michael Anderson https://www.ascentlawfirm.com/is-getting-a-lawyer-for-a-dui-worth-it/ When it comes to wills, probate and estate planning, there is only one expert – an experienced Alpine Utah probate lawyer. The lawyer will review your circumstances and advise you on your best option. While many people try to avoid making a will because they are worried about the probate process, it does not necessarily mean that the probate process is bad. Sometimes you may be better of making a will and having the will go through probate. It all comes down to your individual circumstances. There is no one size fits all when it comes to planning on how to distribute your estate once you are gone. Never take a decision without speaking to an experienced Alpine Utah probate lawyer. Remember it is they who have to deal with the distribution of your estate once you are gone. It’s always better to have your will go through probate. By having a will, you are ensuring that your estate is distributed to those whom you wanted it to be distributed. In the absence of a will, your estate will be distributed by your default estate planning device – Utah intestacy laws. That’s why its important for you to speak to an experienced Alpine Utah probate lawyer. Terminal IllnessIf your parent is suffering from a terminal illness, besides providing medical care, you must also ensure that your parent’s estate is taken care of – your parent must have a distribution plan in place so that the estate is distributed according to his or her wishes after death. Your best source of information is an experienced Alpine Utah probate lawyer. The Nature of the ProblemWhen a medical diagnosis is finally made, the patient’s prognosis becomes clear, and the patient and/or the family begin to consider inter vivos estate and financial planning, consideration should optimally also begin to be given to postmortem estate planning, the traditional estate planning that focuses on asset transfer at death. As enumerated earlier, the traditional estate-planning objectives include asset transfer and management, the minimization of taxes, and probate delays and expenses. Probate ConsiderationsThe orderly transfer of patients’ property to their intended beneficiaries is certainly an immediate and compelling issue for both the patient and the family, whatever the legal instruments used to effectuate the estate plan and therefore the transfer of assets (a will, for example). There is more to this issue, however. As patients develop their intended plan of asset distribution, for instance, they must specifically consider the individuals and institutions that will be receiving and sharing their assets (e.g., a spouse, children, siblings, an elderly dependent, such as a parent, and perhaps, a charitable institution) and the beneficiaries’ present and future needs, their ages, their financial capabilities, and their personal wishes and objectives with respect to the property. One of the issues that must be considered is the management of assets for those beneficiaries who are either unable or unwilling to manage the assets received. For whatever reason, advanced age or lack of aptitude, some individuals will never develop management skills and therefore should not be given such responsibilities—ever. Moreover, not all individuals want the burden of asset management and should not be so encumbered. On the other hand, despite youth or lack of experience, other individuals may subsequently develop sufficient management capabilities and will then want to assume the responsibility. Such considerations require answers to these questions: What legal instruments or combination of them will be most effective to achieve these objectives? What forms should the transfers assume? Should the beneficiaries receive the property outright, or should the property be held in trust for some period of time for their benefit? In addition to the form and the effectiveness of the asset transfer, there is the concern that such assets be transferred with a minimum of loss in value. A number of factors may contribute to the diminished value of estate assets; most commonly, they are the ordinary cost of the transfer, the absence of an orderly plan of property transition, and delays in estate administration. The transfer of virtually any asset involves some cost. This cost may be held to an acceptable level, however, by the selection of the least expensive mode of transfer for different assets—the use of a discount stock broker, for example. Beyond ordinary asset transfer cost and expense, unanticipated difficulties and delays in accomplishing a particular transfer can prove to be expensive and therefore wasteful of estate assets. The characteristics of certain types of assets require a measure of foresight and advance planning. When, for example, an estate holds assets for which there is no active market, such as a “family” business or undeveloped real estate, careful advance estate planning is essential if the full value of the assets is to be preserved and realized by the beneficiaries. A forced or distressed sale to discharge estate debts, taxes, and other expenses of administration rarely realizes an asset’s fair market value; rather, estates have frequently diminished in value significantly when such sales were rendered necessary by the owner’s failure to plan adequately for the costs and expenses of death. Ensuring the availability of adequate liquid funds in the estate will prevent the untimely and unorganized disposition of assets for which there may be no active market. The unanticipated difficulties and delays frequently encountered in the process of estate probate may also increase the expenses of administration and reduce the value of the estate assets available to the beneficiaries. Again, certain assets inherently require anticipatory planning for their administration within the estate context, such as an asset that may require “active” participatory management, like a family business. A dispute over a fiduciary authority often requires judicial resolution. Pending court action, estate-held businesses, formerly productive, have declined when such disputes paralyzed their daily operation and jeopardized their continued viability. Expressly conferring the powers necessary to manage such assets effectively should not only prevent costly disputes over authority but should create an economically productive administration. Many individuals assume that their estates are too small to be significantly affected by taxes. This widely held view, unfortunately, reflects an inadequate understanding of the reach of the various taxes involved. As an illustration, a division of the ownership of income-producing property among various family members or trusts frequently produces a net increase in the overall spendable income of the family as a unit. Unfortunately, this aspect of estate planning is often overlooked. Estate Planning And ProbateA number of estate-planning devices are available to the patient and family with which to accomplish the various lifetime and postmortem estate-planning objectives. Speak to an experienced Alpine Utah probate lawyer to know the options. To know more about the will as a method of estate planning, you should understand the Utah intestacy laws. An experienced Alpine Utah probate lawyer is your best source of information on Utah intestacy laws. Utah intestacy laws are complex. Certain general rules apply to the use and ownership of property. The laws of descent and distribution determine how the property interests and controls are distributed when there is no predetermined distribution plan. Basically Utah intestacy laws are the default estate planning device for those Utah residents who die without an estate planning device in place. Practically speaking, there isn’t much of a choice for an individual. You either make your own plan or use the default plan – Utah intestacy laws. Although the actual distributive plans vary in their preferences among the various states, the design, however comprised, applies uniformly to all family situations, regardless of differences in individual needs, deeds, and abilities. And although a particular statutory design may be based on that particular legislature’s notions of an equitable distribution of property or its perceptions of commonly held dispositive preferences, rarely does such a uniform plan accord with the testamentary intent of any particular individual. Inter Vivos TrustsInter vivos trusts are fiduciary agreements by which a patient may transfer assets to a trustee during his or her lifetime for management purposes. The legal nature of inter vivos trusts, together with their utility as a management form, was considered in detail in the section on asset management. As was suggested there, these fiduciary agreements may, in addition, be used as asset transfer devices and, accordingly, may be used to achieve a number of the patient’s postmortem estate-planning objectives. When assets have been transferred to a trust during the lifetime of the patient, problems of asset transfer not encountered then may be anticipated and adequately provided for, such as the disposition of a difficult asset and provisions for estate liquidity. Moreover, as the assets held in the trust would not normally be subject to the terms and provisions of the will and therefore to the probate process, neither would they be subject to the variety of challenges and delays frequently encountered there—such as a challenge to the will’s provisions or its validity. Unlike conservatorships, guardianships, and powers of attorney, however, the life of an inter vivos trust may be designed to extend beyond the death of the patient. And unlike the simple will (one without a testamentary trust), its life may be designed to extend beyond the relatively brief period of the estate’s administration—in each instance to perform a variety of functions both after the death of the patient as well as after the administration of the patient’s estate. Avoiding ProbateEvery will has to pass through probate in Utah. Probate law is complex. Probating a will isn’t easy. You have to pay probate fees at the time of filing for probate. However, there are ways you can avoid probate and yet ensure that your relatives get their due share in your estate after you are gone. An experienced Alpine Utah probate lawyer can advice you on how to avoid probate in Utah. You should introduce your terminally ill relative to an experienced Alpine Utah probate lawyer. Come To Ascent LawIt is important for your terminally ill relative to make plans on how his estate should be distributed. This should be done when the patient still has the capacity to do so. Certain illness cause the patient to loose metal capacity over a period of time. There are certain valid requirements of a valid will. It must be made when the person has the mental capacity to do so. In case of a patient suffering from an illness that is likely to cause mental issues later, at the time of making a will, it is a good idea to get a certificate from the treating doctor as to the mental soundness of the patient. This will help if subsequently someone challenges the will on the grounds of mental incapacity. Seek the assistance of an experienced Alpine Utah probate lawyer. Alpine Utah Probate Lawyer Free ConsultationWhen you need legal help with a probate in Alpine Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Long Should A Separation Last? Criminal Defense Lawyer Provo Utah How To Register A Trademark With The USPTO Update Your Insurance Policies After A Divorce via Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-alpine-utah/ |
ABOUT USDivorce Lawyer in Orem, Utah. If you need divorce and bankruptcy lawyer, child custody, adoption or family law attorney who does child custody, father’s rights, divorces and family law that cares about you, your family, your case, and is aggressive, call 801-676-5506 now for a free consultation for divorce in Orem, Utah can be tough, so you need a smart divorce lawyer who can help you today. Call 801-676-5506 for the top divorce and bankruptcy attorney in Orem, Utah now. Archives
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